The Lawyer Inquiry: Catherine Berney

BT: charges for use of lines No declaratory relief when no cause of action

Summary: Court will not grant declaratory relief where there is no dispute or cause of action between the parties.

Defendants' appeal against refusal by the Commercial Court to strike out the plaintiffs' claim for declarations as to licensing charges for use of British Telecom lines and facilities to be made to the plaintiffs which are to be settled by the means prescribed in the Telecommunications Act 1984 under the regulatory powers conferred on the first defendant.